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(영문) 수원지방법원 평택지원 2018.03.09 2018고단129

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Suwon District Court on December 29, 2016, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act at the Suwon District Court on January 6, 2017.

[Criminal facts]

1. On September 9, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as under the influence of alcohol by a police station living safety at the Gansung Police Station and a policeman F belonging to E District Unit, who was dispatched to the site after receiving a report from 112, while driving a unregistered motor bicycle in front of the D shop in Ansan-si C, while driving a motor vehicle and a bicycle beyond the floor, while driving it on the D shop in front of the D shop in Ansan-si C.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking alcohol.

Nevertheless, the defendant refuses to measure "I will refuse to measure."

Whether it is why the alcohol testing is conducted;

G. L. E. E. E. E. E. E. guye death.

The term "breath" means "breathing a drinking measuring instrument in the form of water and inhaleing air against the contrary, and failing to comply with a police officer's request for a measurement of drinking without justifiable grounds."

2. On September 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Automobile Compensation for Damages, the Defendant driven a non-registered motor bicycle without obtaining a motor device license from around 70 meters section from the rear G apartment to the front road of the D shop located in Ansan-si, Ansan-si, at around 70 meters from the rear G apartment to the front road of the D shop in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Investigation report (Procedures, etc. for registration of ozone layers);

1. A H statement;

1. 112 Reporting case handling table;

1. Each photograph;

1. Previous convictions: References to inquiries, application of investigation reports (the same criminal records and confirmation of the suspect) and Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;